Legal Opinion

Hartwell v. State

District Court of Appeal of Florida

Decided June 26, 2009No. 5D09-1161PublishedCited by 2 opinions

1Opinion of the Court

COBB, W., Senior Judge.

Appellant, Lance T. Hartwell, was convicted and sentenced in four separate cases after all were consolidated for a single jury trial. Hartwell makes several claims for posteonviction relief. All but two of them are procedurally barred because they could or should have been raised on direct appeal. See Smith v. State, 445 So.2d 823 (Fla.1983). Hartwell’s claims that the State did not provide notice of its intent to habitualize him or proper proof of his predicate offenses to support habitualization require reversal.

To refute Hartwell’s claim regarding the lack of notice…

2Cases cited4 opinions

  1. Spera v. StateSupreme Court of Florida · 2007
  2. House v. StateMississippi Supreme Court · 1984
  3. Massey v. StateSupreme Court of Florida · 1992
  4. Sampson v. StateDistrict Court of Appeal of Florida · 2002

3Cited by2 opinions

  1. Hammond v. StateDistrict Court of Appeal of Florida · 2010
  2. Walter Palmer v. StateDistrict Court of Appeal of Florida · 2018

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